Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam

Legal Protection for Laundry Service Consumers Against Losses Due to Business Negligence Case Study of Pasclean Laundry

2026-07-13T15:03:58-04:00

This research aims to analyze the legal protection for laundry service consumers against losses arising from the negligence of business operators, with a case study on Pasclean Laundry in Medan City. The increasing demand for laundry services in society drives the growth of entrepreneurs in this sector, but it also creates potential disputes between consumers and business operators, particularly related to damage, loss, or the exchange of consumers' belongings. The research method used is empirical juridical with a legislative approach and a case approach. Data were obtained thru literature study, field observation, and interviews with consumers and business operators. The research results show that legal protection for consumers is fundamentally regulated by legislation, particularly those governing consumer protection, based on the principle of fault liability. Forms of negligence found in practice at Pasclean Laundry include errors in the washing process, the use of inappropriate chemicals, loss of items, and delays in completion without clear information to consumers. Dispute resolution is generally conducted amicably, but the compensation provided is often not commensurate with the losses suffered by the consumers. This indicates that the bargaining position of consumers is still relatively weak, and there is a lack of understanding among business operators regarding their legal obligations. Therefore, it is necessary to increase legal awareness for both business operators and consumers, to establish clear agreements or operational standards, and to enhance supervision by local governments to ensure legal certainty, justice, and adequate protection for laundry service consumers.

Criminal Liability of Debtors Who Are Co-Defendants in Judgment No. 18/Pid.B/2023/Pn.Cbn

2026-05-23T10:27:38-04:00

Criminal liability involves imposing penalties on those who have violated prohibitions. This is the case in matters involving fiduciary security, as outlined in Judgment No. 18/Pid.B/2023/PN.Cbn, where the perpetrator—the debtor—transferred the subject of the fiduciary security without the prior written consent of the creditor. In that decision, the perpetrator was not only the sole defendant but also an accomplice. This study employs a normative legal research method, which examines legislation, legal principles, norms, and court decisions that have attained final and binding legal force. The data sources used are secondary sources, comprising primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that the actions committed by the defendant constitute a criminal offense because they involved transferring the object of the fiduciary security without prior written notification to PT JTrust Olympindo Multi Finance. This practice violates Article 36 of the Fiduciary Law, which prohibits the grantor of a fiduciary from transferring, pledging, or leasing the property serving as the subject of the fiduciary security, punishable by imprisonment for a maximum of two years and a fine of up to fifty million rupiah. Furthermore, the defendant’s actions, committed jointly, violate Article 55(1)(1) of the Criminal Code, which holds liable those who commit, order the commission of, or participate in such acts. So the perpetrator in that ruling was a dealer, and Rian should have been identified as an instigator in that ruling.

Criminal Liability of Influencers Who Help Promote Illegal Cosmetic Products from the Perspective of Islamic Criminal and Criminal Law

2026-07-22T04:39:49-04:00

The development of social media has made influencers an important part of digital marketing strategies, including the promotion of cosmetic products. However, the involvement of influencers in promoting illegal cosmetics that do not have a distribution permit or do not meet safety standards raises legal issues regarding the limits of criminal liability. This study aims to analyze the construction of criminal liability of influencers who promote illegal cosmetics based on Indonesian criminal law and Islamic criminal law. This research uses normative legal research methods with a legislative approach, a conceptual approach, and a comparative approach. Legal materials are obtained through literature studies that include laws and regulations, legal literature, rulings, and relevant scientific articles, then analyzed qualitatively using descriptive-analytical methods. The results of the study show that influencers can be held criminally liable if proven intentionally or because of their negligence in promoting illegal cosmetics and meeting the elements of guilt and participation in criminal acts. The normative basis for accountability is contained in Law Number 1 of 2023 concerning the Criminal Code, Law Number 17 of 2023 concerning Health, Law Number 8 of 1999 concerning Consumer Protection, Law Number 1 of 2024 concerning Information and Electronic Transactions, and BPOM Regulation Number 18 of 2024. In the perspective of Islamic criminal law, the promotion of illegal cosmetics is contrary to the principles of ta'āwun 'alā al-ithm, lā ḍarar wa lā ḍirār, the prohibition of tadlīs, and the purpose of maqāṣid al-syarī'ah, so it can qualify as jarīmah ta'zīr. This study concludes that both legal systems place influencers as legal subjects who can be held accountable for the promotion of illegal cosmetics. Therefore, it is necessary to strengthen regulations that specifically regulate the responsibilities of influencers and increase legal literacy in digital marketing practices.

Judges’ Legal Considerations in Cases of Sexual Violence Against Children

2026-07-07T18:27:55-04:00

This study aims to analyze the judges' legal considerations in adjudicating criminal cases of sexual violence against children in Decision Number 17/Pid.Sus/2023/PN Cbn and Decision Number 343/Pid.Sus/2025/PN Sbr. This study is a normative or doctrinal legal research. The legal materials used consist of primary and secondary legal materials. The legal materials were collected through library research and subsequently analyzed qualitatively using a prescriptive approach and presented descriptively. The results indicate that although both cases applied the same statutory provisions, there is a significant difference in the criminal penalties imposed by the judges. In the first decision, the sentence imposed was more severe than the prosecutor’s demand. This can be justified because the defendant’s conduct was not limited to engaging in sexual intercourse with a child but also involved trafficking the victim for sexual purposes, from which the defendant gained financial benefits. Conversely, in the second decision, the sentence imposed was more lenient despite the victim becoming pregnant as a serious consequence of the offense. These differences were influenced by both juridical and non juridical considerations, as well as the judges’ orientation toward the objectives of sentencing. Nevertheless, the imposition of a lighter sentence in a case involving severe harm to the victim has the potential to undermine justice and create disparities in the level of legal protection afforded to child victims.

The Dynamics of Islamic Sharia Implementation in Aceh: A Socio-Legal Study on the Interaction between Islamic Sharia, Customary Law, and National Positive Law

2026-07-26T05:09:07-04:00

The implementation of Islamic Sharia in Aceh constitutes a distinctive legal phenomenon within Indonesia's constitutional framework. Special autonomy granted through Law Number 44 of 1999 and Law Number 11 of 2006 provides the legal basis for the formal enforcement of Islamic Sharia through regional regulations (qanun). Rather than operating independently, Sharia implementation interacts continuously with Acehnese customary law (adat) and Indonesia's national legal system, creating a complex landscape of legal pluralism. This study examines the dynamics of these interactions, identifies the challenges of harmonizing the three legal systems, and analyzes the roles of social actors in the implementation process. Employing a qualitative socio-legal approach supported by a comprehensive literature review, the study finds that Islamic Sharia in Aceh is implemented through ongoing processes of negotiation, adaptation, and contestation among religious, customary, and state legal norms. Customary law functions as a mechanism of social mediation that complements the enforcement of qanun, while national law provides the constitutional framework that both legitimizes and constrains Sharia implementation. Major challenges include regulatory inconsistencies, competing legal interpretations, human rights concerns, and local political dynamics. The study concludes that the effective implementation of Islamic Sharia depends on the ability of the regional government and society to harmonize Islamic principles, Acehnese customary traditions, and the values of a democratic rule-of-law state while ensuring legal certainty, social legitimacy, and sustainable governance.

Tahqīq al-Manāt as An Analytical Method for Contemporary Islamic Family Law Phenomena: A Preliminary Study on Silent Divorce

2026-07-27T12:47:31-04:00

Contemporary Islamic family law phenomena frequently lack any direct counterpart within the categories of classical fiqh, and therefore demand a systematic method for establishing the legal ratio (manāt) before any legal assessment can be rendered. This study seeks to operationalise tahqīq al-manāt as formulated by Imam al-Syātibī in al-Muwāfaqāt as an analytical method for contemporary family law phenomena, taking silent divorce as a preliminary case. This research constitutes normative legal research carried out through library research employing conceptual and philosophical approaches. Its primary source is al-Muwāfaqāt, whereas the secondary sources encompass classical fiqh munākahāt texts, contemporary maqāsid al-syarī'ah literature, statutory regulations, and scholarly articles addressing emotional divorce. The findings show that tahqīq al-manāt can be operationalised through four stages: (1) identifying the empirical characteristics of the phenomenon by means of auxiliary literature; (2) abstracting these characteristics into sharia indicators; (3) testing the fit of those indicators against the available fiqh categories; and (4) determining the status of the manāt. The preliminary application to silent divorce demonstrates that the phenomenon intersects only partially with nusyūz, al-hijr, syiqāq, and iyla', so that its manāt remains undetermined within the framework of positive fiqh and is more appropriately positioned as a wāqi'ah mustajidda. These findings affirm that tahqīq al-manāt functions as a methodological bridge that safeguards the precision of contemporary ijtihad against premature analogy.

A Legal Analysis of Aggravated Theft: A Case Study of a Burglary at a Public Figure’s Home

2026-07-25T02:58:04-04:00

The looting of Uya Kuya’s home by a mob constitutes a criminal offense specifically, the unlawful taking of another person’s property. As a result of this looting, Uya Kuya suffered a loss of 7 billion from the items taken by the mob. Therefore, it is necessary to understand the modus operandi involved and the legal resolution of this criminal act. The research method used is the normative legal research method, which examines legislation, legal principles, and court decisions that have attained final and binding legal force. The research approaches employed are the legislative approach and the conceptual approach. The research findings show that, first, the modus operandi used in the case of the looting of Uya Kuya’s home, as described in Judgment 589/Pid.B/2025/PN.Jkt.Tim, Judgment 590/Pid.B/2025/PN.Jkt.Tim, and Judgment 593/Pid.B/2025/PN.Jkt. Tim, Judgment 595/Pid.B/2025/PN.Jkt.Tim, and Judgment 596/Pid.B/2025/PN.Jkt.Tim, involved exploiting the chaos caused by the crowd at Surya Utama’s or Uya Kuya’s home to unlawfully take Surya Utama’s or Uya Kuya’s property. Second, the criminal offense in this case was resolved by applying Article 363, paragraphs (3) and (4). The elements constituting an aggravated criminal offense are as follows: any person who takes an item—whether in whole or in part—belonging to another person, with the intent to unlawfully possess it, and who does so at night within a residence or on enclosed property containing a residence, where the person’s presence is unknown to or not authorized by the rightful owner, or where the act is committed by two or more persons. One of the cases was resolved through the restorative justice mechanism.

Different Protection Techniques: Women's Moral and Material Rights between Indonesia's Presumptive Model and Saudi Condition-Based Model in The Perspective Maqasid al-Syari’ah

2026-08-07T03:28:27-04:00

Scholarship on women's rights within Islamic family law has tended to stay inside one legal system at a time, so that a direct comparison of Saudi Arabia's newest codification with Indonesia reaching both the material and the moral sides of a wife's entitlements remains largely unexplored. Addressing that gap, this article sets the Saudi Personal Status Law of 1447 H, together with its Regulation on the Division of Joint Property, alongside Indonesian Islamic family law as codified in Law No. 1 of 1974, Law No. 16 of 2019, the Compilation of Islamic Law (KHI), and Government Regulation No. 9 of 1975, reading both through al-Syātibī's maqāsid al-syarī'ah. The inquiry is normative and library-based, drawing on statutory, comparative, and philosophical approaches at once. Working from the official wording of each code, the study shows that the two regimes agree over a wider field than is commonly supposed: their overlap takes in not merely dower (Saudi Art. 38), maintenance, and residence, but also a woman's remedy against an obstructive guardian (wali adal), for which Saudi Art. 20 and KHI Art. 23 each secure recourse to the court. Where the techniques diverge in a patterned way is above all in property gained during the marriage Indonesian law splitting joint property in half by automatic presumption and requiring no proof of contribution (KHI Art. 97), while the Saudi Regulation on the Division of Joint Property fixes the status of shared property on a cause-based ground (contract, inheritance, or some other cause) with no such presumption. The contrast grows finer on custody and the right to exit: both codes open from a maternal presumption (Saudi Art. 127; KHI Arts. 105, 156) and both admit darar as a basis for judicial dissolution (Saudi Art. 108), parting company only over how much discretion the judge retains. Assessed against hifz al-māl and hifz al-nafs, neither technique proves superior outright: the presumptive model spares the weaker spouse the burden of proof, whereas the cause-based model safeguards the certainty and independence of the wife's own estate. Protection of women's rights is, on this reading, dimensional rather than absolute, and what separates the two systems is a difference of protective technique in specific domains, not the presence or absence of protection as such.